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09/27/89 In Re Marriage of Pamela Cohen

September 27, 1989

IN RE MARRIAGE OF PAMELA COHEN, N/K/A SORAH MARCU,


APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, THIRD DIVISION

Petitioner-Appellee, and JOSEPH COHEN,

Respondent-Appellant

545 N.E.2d 362, 189 Ill. App. 3d 418, 136 Ill. Dec. 838 1989.IL.1518

Appeal from the Circuit Court of Cook County; the Hon. Charles E. Porcellino, Judge, presiding.

APPELLATE Judges:

JUSTICE WHITE delivered the opinion of the court. FREEMAN, P.J., and RIZZI, J., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE WHITE

In January 1980, a judgment of dissolution was entered ending the marriage of Joseph Cohen, respondent, and Pamela Cohen, petitioner. Pursuant to this judgment, petitioner was given custody of the parties' two minor children, Samuel, born 1977, and Anne, born 1979, and respondent was granted reasonable rights of visitation.

In May 1981, an agreed order was entered granting the parties joint custody of the children. Under this order, the children were to reside with respondent from May through October and with petitioner from November through April of each year. Both parties were granted weekly visitation while the children resided with the other, and respondent was granted visitation on Jewish holidays, while petitioner was granted visitation on secular holidays.

In December 1985, respondent filed an emergency petition for change of custody and injunctive relief, alleging that petitioner had remarried and planned to remove the children from the State. A temporary restraining order was entered granting respondent physical possession of the children and setting the matter for hearing on December 27, 1985. Petitioner failed to turn over the children to respondent, and on December 24, respondent filed a petition seeking to have petitioner held in contempt for her failure to comply with the court's order.

On December 27, petitioner filed a petition seeking a change of custody and requesting permission to remove the children from the State. The court continued the hearing on petitioner's and respondent's petitions and extended the order preventing removal of the children.

Subsequently, petitioner filed an emergency petition to modify the terms of visitation and change custody of the children. For unknown reasons, respondent has not included this petition in the record on appeal, nor has he included a second pleading apparently filed during this period by petitioner. *fn1 However, it appears that both pleadings contained allegations that the respondent sexually abused his daughter, Anne. In response to these pleadings, respondent filed a motion for an examination of petitioner, her husband, and Anne, pursuant to Supreme Court Rule 215(a) (107 Ill. 2d R. 215(a)).

A hearing was held before Judge Richard Jorzak on January 10, 1985, on the allegations in the petitioner's emergency petition. After interviewing the children and hearing the testimony of petitioner and Randee Wolinsky, an investigator from the Department of Children and Family Services , the court found that the allegations of sexual abuse had not been proven. Petitioner was instructed to allow respondent to exercise the scheduled visitation, the parties were ordered to submit to mediation, and all other pending petitions were continued.

A mediation schedule was agreed to on January 13, 1986, under which the parties were to be evaluated by a court-appointed expert and, on January 17, an agreed order was entered enjoining the parties from obtaining independent psychiatric evaluations of themselves or the minor children. On February 25, pursuant to the January 13 order, Dr. Bennett ...


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